Kraft, Aaron J.
2011-04-15T00:54:20Z
2011-04-15T00:54:20Z
2010
25 J. ENVTL. L. & LITIG. 559 (2010)
1049-0280
http://hdl.handle.net/1794/11088
24 p.
This Comment explores the benefits and problems of requiring
agencies to consider climate change in their NEPA analyses. Part I
presents an overview of NEPA, including statutory language, agency
duties, and regulations that detail specific agency requirements. It
then addresses the prospect of challenging federal action when
agencies fail to consider climate change. Finally, it discusses the role
of NEPA in agency decision making, relevant case law, and the issue
of standing in NEPA-based climate change litigation.
Part II discusses the impact of probable congressional action on
climate change and how that may affect agencies’ NEPA
responsibilities. It discusses how courts should construe NEPA in the
event Congress enacts climate legislation, and considers the role of
agency discretion in the face of carbon regulation.
Part III considers the increased demand for renewable energy in a
carbon-regulated world and whether federal agencies may use climate
change to justify development on wild public lands through their
required NEPA analysis. This part addresses agency discretion to allow
public land development and highlights the need for comprehensive
policies that recognize the value of unaltered ecosystems. Specifically,
it considers agency action in the context of National Wildlife Refuges
and unprotected, wilderness-quality BLM-managed lands.
Finally, Part IV concludes that federal agencies must consider
climate change in their decisions. It argues that citizens should
challenge agencies for failing to address climate considerations. But
citizens must not allow the tremendous threat of climate change to
justify irresponsible energy development, which itself would destroy
natural places and invaluable ecosystem services.
en_US
University of Oregon School of Law
Climate change
Climatic changes -- Law and legislation -- United States
United States. National Environmental Policy Act of 1969
National Environmental Policy Act of 1969
NEPA
Environmental law
Journal of Environmental Law & Litigation : Vol. 25, No. 2, p. 559-582 : NEPA and Climate Change: Beneficial Applications and Practical Tensions
NEPA and Climate Change: Beneficial Applications and Practical Tensions
Article